Judd v. Obama (Orly Taitz)

That's not the message she was sending out just a few days ago...

No it wasn't. The message she was sending out before was pretty much right between the goalposts I set up last week: that all her failure was the fault of obstructionist judges and evil government oppression and coverup, not her lousy lawyering. She's practicing pseudo-law and expecting to somehow be given full credit for her inept attempts. She whines that her cases aren't being heard "on their merits" when in fact she can't manage to write a simple pleading correctly to get to that point of the process.

Again Birther pseudo-lawyers seem to fall into the same category as pseudo-scientists. They seem to think their level of mediocrity is acceptable and common. Therefore they should be given the benefit of the doubt. Not so -- one is required to demonstrate competence before one is taken seriously.

...perhaps she was expecting a "helping hand" from a Republican government?

Perhaps, but I would think she's smarter than that. The Republican party has never endorsed or supported her efforts, and GOP candidates (with the exception of Donald Trump) long ago stopped suggesting Barack Obama was ineligible. While Birthers unanimously are sympathetic to GOP candidates and causes, especially to the Tea Party faction, the GOP at large does not endorse or support Birtherism.

Personally I think she's currying sympathy in order to drum up more donations. The free-energy hucksters do this too: "Looks like we're not going to make it to market because we've run short of money and we don't know how we're going to pay for it. Our dream is dead, blah blah blah, and Big Energy has oppressed us blah blah into silence." She's ladling on the "fight the good fight" rhetoric fairly heavily, and it looks like people are still buying into it.

...showing how Orly is not only flinging vexatious litigation at the courts...

I'm sure her endless screeching at judges in their own courtrooms helps that along just fine.

Pseudo-scientists railing against the so-called scientific establishment is one thing. That's just an exchange of words. Pseudo-lawyers railing against judges in court or in pleadings is tantamount to slathering oneself in barbecue sauce and jumping into a den of hungry lions. Judges have real power, and listen carefully to the respected local attorneys who practice before them. I don't think Orly Taitz understands just how hot the fire is she's playing with.

...but also how she may have been unlawfully practicing law in Mississippi...

Given her notorious reputation, I'm amazed at how many courts admit her pro hac vice, and of those how few sanction her sponsoring attorney when she is admonished. We could also discuss the lax standards of the California Bar, but that would exceed the scope of Birther trials. However in this case, should she face official disclipline from the Mississippi Bar, the California Bar would have a hard time ignoring it.

Taitz wants to easily shift roles between representative counsel and co-plaintiff. This is technically allowed in most jurisdictions, but requires careful lawyering in order to avoid conflict of interest. Orly Taitz is not demonstrably capable of careful lawyering. But she seems to do this when her pro hac vice motion runs afoul, then wonders why her cases are dismissed for her lack of standing.

They were also hinting that they would be looking to recover their costs...

Interestingly, I believe Taitz' representation contract includes a waiver of liability arising out of her representation (i.e., basically indemnifying her against malpractice), which is expressly forbidden by many state bar associations. But in any case I agree with hitting her where it hurts most. Perhaps her donations will dry up even further when her prospective donors are made to understand that their money is going to pay opposing counsel for the waste of time and for sanctions arising out of her outrageous conduct.
 
I really think that Orly is believing that Friday's court case in Mississippi is going to be something big for her, and I expect it will be, although not in the way she is thinking.

She's really trying to rally her troops on this, with a call out to the local Tea Party, an appeal to students (probably of this variety), and for her followers to follow a handy-dandy list of TV stations to demand they report on her latest venture into the legal system.

I've also heard that Judd v Obama has been thrown out of court. Again.
 
I suspect that Orly will go for broke and try to get thrown in jail for Contempt of Court.

Ah, the old martyr trick. I can guess why she wants tea baggers and racist students there. They'll provide a handy diversion when she goes at the judge for being unpatriotic/paid-off/threatened and accuses the defendants lawyers of being complicit/gangsters/conspirators. Make sure the media there, and she's a victim in high definition.

She does say that she's planning to bow out of the fight. I expect her to try and do it in a style that feeds her ego.
 
She's not bowing out of the fight in Mississippi! She's filed a Notice of Additional Evidence of Fraud Motion/Request for Emergency Evidentiary Hearing

In between the mishmash of type sizes, fonts, unnumbered and misnumbered paragraphs is this gem (which will surely overturn a democratic election)

Orly Taitz ESQOMGWTFBBQ said:
...that Obama's birth certificate cannot be genuine, that it is a forgery, due to the fact that Adobe Illustrator was created only about 10 years ago, it did not exist 51 years ago when Obama was born.

I mean, this changes everything! I've just read Anna Karenina on my Kindle and yet Kindles weren't invented in 1877 - it must be a forgery!!
 
Last edited:
I mean, this changes everything! I've just read Anna Karenina on my Kindle and yet Kindles weren't invented in 1877 - it must be a forgery!!

Now you understand why lawyers and judges who have to deal with Birther cases are often so very frustrated. To quote Pauli: "That's not right. That's not even wrong."
 
Originally Posted by Orly Taitz ESQOMGWTFBBQ
...that Obama's birth certificate cannot be genuine, that it is a forgery, due to the fact that Adobe Illustrator was created only about 10 years ago, it did not exist 51 years ago when Obama was born.
Wow, just wow. And I was afraid that we might have seen the end of birther legaltainment. I should have known Orly wouldn't let us down! :D
 
Not only is she kicking up a storm encouraging cessation, which she thinks is obtained by an online petition, she's going for broke accusing Dr Onaka of being some sort of criminal mastermind.

I did like this from her latest court filing.

He never asked if it was a true and accurate copy which is the language any competent lawyer asking to corroborate a document would use

Since when did Orly have any idea about language and competent lawyering?
 
...she's going for broke accusing Dr Onaka of being some sort of criminal mastermind.

This is where she's going to get in trouble. Sheriff Arpaio and his civilian posse have carefully avoided accusing high-ranking Alaska officials directly of anything. That's because such accusations are actionable. Because the sheriff and his posse are not acting in a strict law-enforcement role, and there is no actual criminal investigation, they are liable civilly for any defamatory accusations they might make. Hence they have refrained from doing more than naming him as a "person of interest" in an "investigation," which is true enough to keep them out of court.

Orly Taitz doesn't seem to be as bright. I'm not sure she realizes that "being a lawyer" does not excuse her from civil liability for defamation, and that a court filing alleging a vast criminal conspiracy revolving around Dr. Onaka is just as much an actionable statement of libel as any other writing. I believe the Arizona posse realizes that they are in somewhat reckless disregard of the truth, and are carefully avoiding making any actionable statements. But Taitz seems to cherish recklessness as her core virtue, and may likely incur additional sanctions for scurrilous claims, if not an outright lawsuit for libel from Onaka and his colleagues.

Since when did Orly have any idea about language and competent lawyering?

Since she decided to substitute arrogance for knowledge.
 
This is where she's going to get in trouble. Sheriff Arpaio and his civilian posse have carefully avoided accusing high-ranking Alaska officials directly of anything. That's because such accusations are actionable. Because the sheriff and his posse are not acting in a strict law-enforcement role, and there is no actual criminal investigation, they are liable civilly for any defamatory accusations they might make. Hence they have refrained from doing more than naming him as a "person of interest" in an "investigation," which is true enough to keep them out of court.

Orly Taitz doesn't seem to be as bright. I'm not sure she realizes that "being a lawyer" does not excuse her from civil liability for defamation, and that a court filing alleging a vast criminal conspiracy revolving around Dr. Onaka is just as much an actionable statement of libel as any other writing. I believe the Arizona posse realizes that they are in somewhat reckless disregard of the truth, and are carefully avoiding making any actionable statements. But Taitz seems to cherish recklessness as her core virtue, and may likely incur additional sanctions for scurrilous claims, if not an outright lawsuit for libel from Onaka and his colleagues.



Since she decided to substitute arrogance for knowledge.


I do not think the highlighted bit is accurate - at least not in any jurisdiction of which I am aware. Generally speaking, court pleadings attract qualified privilege status when it comes to libel laws.
 
Last edited:
Speaking of Orly, it appears she's been working overtime to let her clients"co-plaintiffs" know that they need to jump ship.

Leah Lax (who, when presented by the defense with a way out, told them never to contact her again, instead deferring to her attorney, one Orly Taitz): http://www.scribd.com/doc/113096362...-in-Taitz-Oppositions-Lax-Request-to-Withdraw
Laurie Roth: http://www.scribd.com/doc/113134657/MS-ECF-67-2012-11-13-TvDPM-Roth-Request-to-Withdraw-From-Case
Thomas "MacLean" (who somehow managed to spell his own name wrong): http://www.scribd.com/doc/113135226...e-Wont-Attend-Hearing-Joinder-in-Taitz-Motion

A shame to see that being a serious presidential candidate inflicts such massive finanical burdens on people :rolleyes:
 
Last edited:
NO. The plaintiffs lost their case because if they had won, and the Anointed One's name was removed from the ballot, the nation's cities would burn, as they probably will burn in the event of his defeat at the polls. And that is the plain truth Baloney.

ftfy
 
Speaking of Orly, it appears she's been working overtime to let her clients"co-plaintiffs" know that they need to jump ship.

Leah Lax (who, when presented by the defense with a way out, told them never to contact her again, instead deferring to her attorney, one Orly Taitz): http://www.scribd.com/doc/113096362...-in-Taitz-Oppositions-Lax-Request-to-Withdraw
Laurie Roth: http://www.scribd.com/doc/113134657/MS-ECF-67-2012-11-13-TvDPM-Roth-Request-to-Withdraw-From-Case
Thomas "MacLean" (who somehow managed to spell his own name wrong): http://www.scribd.com/doc/113135226...e-Wont-Attend-Hearing-Joinder-in-Taitz-Motion

A shame to see that being a serious presidential candidate inflicts such massive finanical burdens on people :rolleyes:

Are these people for real? You launch proceedings in court but don't actually think that you would be required to attend at any point, or perhaps your lawyer told you that she would take care of things.

Are they allowed to run home to mummy this late in the game?

I'm also rather dubious about these letters as they seem to have a whiff of Taitz about them

I don't know if it is my suspicious mind, but I'm sure I see the work of a certain Ms Taitz in these letters, especially in the medical department. I'm no doctor, but I've know a few people who've had hernia operations, and none of them, to my knowledge, had need to have a toilet with them at all times, and all were up and about after about a week. I can't really say much about Ms Lax and her cancer - I hope she gets better - but methinks she is overstating the side effects of her treatment. It certainly hasn't slowed down her Twitter output, and she seemed to be well enough to carry on in her Presidential ambitions. I notice there are no doctors letters to back up their claims.

Then there is the financial aspect. Dear old Dr Roth claims she hasn't the money to attend, as does bound-to-the-commode MacLeran. Surely, this should not be a problem, especially being represented co-plaintiffs with Dr Orly. I'm sure Ms Taitz isn't short of a shilling, and she also has her website, where she's regularly passing out the begging bowl for herself and her witnesses. Surely she could have squeezed them for some cash to make sure there was a full front bench, a bucket for Leah and a pack of Pampers for Tommy boy.

My own take is that she is pleased that she doesn't have to share the limelight with everyone. It gives her the opportunity to go play lawyer and have the majority of the spotlight on her.
 
I do not think the highlighted bit is accurate - at least not in any jurisdiction of which I am aware.

You are correct. I happened to speak with a lawyer friend by chance long after hours last night, over pizza and YouTube, and he informed me of the general privilege attending court pleadings.

The general privilege is applied broadly and liberally, since it is generally acknowledged that the court's desire to discover the truth is best served by an accurate complaint made to the best of the plaintiff's belief and knowledge, unhindered by fears of reprisal. However the privilege is often limited to properly-made pleadings. A plaintiff's lack of standing or his failure to state a justiciable cause of action (all infamous features of Orly Taitz' habitually botched pleadings). A single defective complaint will not subject the parties to liability. A pattern of dozens of substantially identical (though deficient) filings, refilings, motions to reconsider, and similar pleadings made to courts all over the nation, often in flagrant disregard of previous rulings, admonitions, and sanctions, may indeed be a cause to argue malice on Taitz' part. A single sworn complaint is presumed to be devoid of actionable malice even when it, by nature, makes an accusation which would otherwise be defamatory. A documentable crusade is a different story.

Evidence of malice is the most prevalent exception to the general privilege rule. The attorney is generally held blameless by default because while he acts as the author of a putatively defamatory complaint, he does so in good faith and upon the advice, information, and belief of his client. However if the attorney shows himself to be an interested party by converting to co-plaintiff and thus pleading a personal cause of action, he exposes himself to liability through exception to the privilege rule by possibly having used his office to shield a libelous claim.

The client is presumed blameless because the public good is held to be served best when a court can decide a case according to the plaintiff's unintimidated testimony. However this privilege is provisional and can be revoked later should the course of the trial show malice. A plaintiff is granted privilege in leveling an accusation if he stipulates that he is subject to penalty for perjury and that he understands will be made accountable to provide evidence of his claims, that this evidence will be given to his opponent to try, and that the trier of fact may ultimately decide against him. If, for example, he is unable to provide suitable evidence of his allegation upon discovery, and that a reasonable lay person should have known that deficiency upon swearing to the complaint, then the privilege may be revoked and civil liability for the complaint may attach.

Here, identifying Dr. Onaka as the architect of a vast criminal conspiracy merely upon inference from belief, but having no actual evidence of wrongdoing on his part, may constitute a defamatory allegation. However an additional condition of relevancy applies. A court would need to determine how relevant to Taitz' principal complaint is her allegation of Onaka's wrongdoing. She does name Onaka as a defendant, so there.

Nevertheless, Taitz is expected to know what sort of evidence would constitute evidence of probable cause in a criminal proceeding and would, as co-plaintiff, be privileged to know whether she were truly in possession of sufficient evidence before subscribing to the allegations (as opposed merely to an attorney taking his client at his word). Again, the "I'm a lawyer" defense is not a sure foundation for her here. It may, in fact, support that she acts maliciously. She is a plaintiff, but a plaintiff presumed to have per se knowledge of the law.

Excessive zeal can also be considered evidence of malice, though is not sufficient under common tort law to bring action. Taitz has certainly accumulated sufficient evidence of excessive zeal. This is not helped by her clearly styled public image as a celebrity crusader against Barack Obama; it creates a motive to level accusations that may attract much public attention, rather than those for which she can soberly provide evidence quietly in court.

The only jurisdiction I'm aware of which requires at least probable cause in order to apply privilege to court proceedings is Louisiana. If Taitz accuses Dr. Onaka in that state of criminal behavior, and is unable at prima facie to state any evidence for probable cause, the accusation may by that fact alone be actionable even without affirmative proof of malice. The general rule is that the need for unfettered investigation of allegations outweighs any necessary injury that accompanies a court's search, even should the allegations prove false.

Thus for civil liability. However, pleadings before the court are sworn under penalty of perjury, which makes Orly Taitz as co-plaintiff liable herself for criminal perjury if she knowingly makes allegations without sufficient proof. While Onaka may be barred under the privilege rule from seeking civil redress, the state may intercede and apply criminal sanctions. Again, that is the price for privilege: misuse of it carries stiffer penalties.
 
OK, so now Orly wants to sue the electoral college.

http://www.orlytaitzesq.com/?p=363228

1. In order to serve all electors who will vote for Obama on December 12 , I need the addresses of the Secretaries of State and Attorney Generals of the states who voted for Obama. I remember that the difference was 1-2%, but I don’t remember how many states exactly voted for Obama. I need to figure the exact number of the states and serve them through the Attorney Generals of those states, as they became the state elected officials, which means they will have to be served through the Attorney Generals. I believe I need to serve the AGs only of the states that went to Obama, but just to be on the safe side I need the list of R AGs as well
I anticipate that it will be a mess and a half, but someone has to do it, as our spineless GOP leaders are only good at asking for money and doing nothing.
2. In MS there was a precedent that someone won a primary, I believe for Congress, but was either sick or passed away and could not serve. So, due to incapacity his primary runner up ran in the General election.
What we have with Obama is a legal incapacity.
I need the name of this primary MS election winner who could not serve and the name of his challenger who was on the ballot due to the incapacity of the winner.
Also, I need the exact procedure that was used by the Secretary of State to replace the guy. What is the number of the statute? Did the SOS use a specific statute or did he simply issue an executive order to replace an incapacitated primary winner with his challenger? Please help me find this info.
 

Back
Top Bottom